. SPENCER ACCEPTED
05-15-00589-CV
FIFTH COURT OF APPEALS
DALLAS, TEXAS
WWW.Sl’ENCERLAWPC.COM R, K E V N S 1>9/22/2015 1 E N (3 R 3:36:36 PM 1.;
LISA MATZ
E. CLERK BRENDAN P. l-IARVELL
TIMOTHY J. MILLER ALEXANDRA L. WALES
FILED IN MAXWELL
5th COURT S. BAYMAN
OF APPEALS
September 22, 2015 DALLAS, TEXAS 9/22/2015 3:36:36 PM
LISA MATZ
Fifth Court of Appeals Clerk VIA E-FILING
George L. Allen, Sr. Courts Bldg. 600 Commerce Street, Suite 200 Dallas, Texas 75202-4658
Re: Estate ofAlan Morgan Humphrey, Deceased; ,
Cause No. 05-15-00589-CV— Fifth Court ofAppeals
3
Dear Fifth Court of Appeals:
On May 8, 2015, Denna Shaw (“Ms. Shaw” or “Appellant”), pro se, filed a Notice of Appeal in the above—referenced matter seeking to appeal a Final Judgment signed and entered by the Dallas County Probate Court, Number Three (the “Probate Court”), in Cause No. PR-13- 02943-3 related to an alleged breach of contract. Apparently, as part of her docketing statement, Ms. Shaw included George Alexander Carlson (“Mr. Carlson”) as a party to her appeal. However, while a party of record, Mr. Carlson was n_0t a party to the underlying breach of contract action in the Probate Court. In fact, Mr. Carlson attempted to intervene in the breach of contract action by filing a Plea in Intervention, Original Answer and Response to Breach of Contract Claim (the “Plea in Intervention”), but the Probate Court granted a Motion to Strike Intervention filed by Roger Humphrey (“Mr. Humphrey” or “Appellee”) and prohibited Mr. Carlson from intervening (since he was not a party to the underlying and disputed contract). As a result, Mr. Carlson was not included in nor was he a party to the bench trial on the breach of contract action in the Probate Court, which is the subject of this appeal. A true and correct copy of the Final Judgment listing the Parties thereto is attached hereto as Exhibit “A ”.
Despite not being a party to the underlying breach of contract action, Mr. Carlson and his prior counsel, R. Kevin Spencer, Zachary E. Johnson and Brendan P. Harvell, and their law firm, SPENCER LAW, P.C. (collectively, the “Spencer Group”), were included in the pro se appellate filings by Appellant. While the Spencer Group has never entered an appearance in this appeal, this letter is to serve as notice to the Fifth Court of Appeals that the Spencer Group no longer represents Mr. Carlson in the Probate Court and that the Probate Court has previously signed an Order Granting Amended Motion to Withdraw as Counsel. A true and correct copy of the Order GrantingAmended Motion to Withdraw as Counsel is attached hereto as Exhibit “B”. As a result, the Spencer Group respectfully requests that the Fifth Court of Appeals remove them from the appellate docket and all future correspondences and filings.
2010 Ross TOWER, 500 N. AKARD STREET, DALLAS, TX 75201 (214) 965-9999 FAX: (214) 965-9500
Fifih Court of Appeals September 22, 2015 Page 2 of 2
If you have any questions, please give me a call.
Sincerely yours,
Brendan P. Harvell
Enclosures
xc: Alex Carlson - VIA E-MAIL Nathan K. Griffin - VIA E-FILE Brandy Baxter-Thompson - VIA E-FILE Deena Shaw - VIA E-MAIL
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CAUSE NO. PR-13-2943-3
I
ESTATE OF § IN THE PROBATE COURT ’
§
V
ALAN MORGAN l-IUMPHREY § NUMBER THREE OF _
§
DECEASED. § DALLAS COUNTY, TEXAS FINAL JUDGMENT
On January 12, 2015, a trial was held in this cause on Roger Humphrey’s Supplemenl to
Defendant ’.v Original Answer to Plaz‘ntxfi"s Original .Petitz'or’z, Counterclaim, and Request for
Disclosure whereby Roger Humphrey asserted a» cause of action for Breach of Contract against
Denna Shaw. ROGER I-IUMBHREY (“Roger”) appeared through his attorney, Brandy Baxter-
Thompson; GEORGE H. ABNBY, Independent Executor of the Estate of Alan Morgan Humphrey, Deceased, (“George”) appeared in person and through his attorney of record, Nathan K. Griffin; and
DENNA SHAW (“Denna”) appeared pro se (collectively, the “Parties”); and all Parties announced ready for trial. No jury having been requested, the matter proceeded to trial ‘before the Court. The
Court, having considered the testimony of the witnesses, the documents admitted into evidence, and
the arguments of counsel, is of the ‘opinion that Judgment should be entered in favor of the
Defendant, Roger Humphrey, and Judgment should be entered against Denna Shaw.
IT IS, THEREFORE, ORDERED, ADJUDGED and DECREED that the agreement
announced in open court on the record on July 22, 2014, is a binding agreement on the parties thereto
to read as set forth in Exhibit “A” and is incorporated by reference as if set forth in full herein; that
Denna Shaw has failed to perform in accordance with the terms of the agreement; and that Denna
Shaw’s nonperforinariee has resulted in damages in the amount of $24,478.45.
IT IS FURTHER ORDERED, ADJUDGED AND DECREED that the George Abney, as ‘
Independent Executor of the Estate of Alan Morgan-Humphrey, Deceased, have and recover ’ from
'i'>'n—1§—uE§4'§—a'
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Denna Shaw the sum of $24,478.45. Efnuummm
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FINAL JUDGMENT — Page 1 '\
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an
~ CAUSE NO. PR-13-2943-3
IT IS FURTHER ORDERED, ADJUDGED AND DECREED that George Abney, as
Independent Executor of the Estate of Alan Morgan Humphrey, Deceased, have and recover
0
reasonable and necessary attomeys’_ fees in the amount of $5,600.00 from Denna Shaw,
IT IS FURTHER ORDERED, ADJUDGED AND DECREED that Roger Humphrey have and recover his reasonable and necessary attorneys’ fees in the amount of $ 10, 622.50 from Denna
Shaw.
IT IS FURTHER ORDERED, ADJUDGED AND DECREED that the judgment herein
rendered shall bear post-judgment interest at the rate of 5% per annum from the date of judgment
until paid.
IT IS FURTHER ORDERED, ADJUDGED AND DECREED that all appropriate writs and '
other process may issue to enforce this Final Judgment.
IT IS FURTHER ORDERED, ADJUDGED AND DECREED that all relief not expressly granted in this Final Judgment is hereby DENIED. _
SIGNED, ORDERED AND ENTERED this [0 day 0 gammy, 15.
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DGE1>‘1a2‘dQ}bfi\IGl
FINAL JUDGMENT -- Page 2
EXHIBIT “A”
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“CAUSE No. PR—l3—02943—3
IN THE MATTER OF, ) IN THE PROBATE COURT THE MARRIAGE OF )
)
)
ALAN MORGAN HUMPHREY ) DALLAS, TEXAS Decedent, )
and )
DENNA SHAW )
Applicant, )
AND IN THE ESTATE OF )
ALAN MORGAN HUMPHREY ) No. 3 JUDICIAL DISTRICT
*******fi****************** REPORTER‘S RECORD
10 AGREEMENT
ll ‘k*‘k*‘k'k*'k****'k3\"I(*‘k***‘k‘k*irir* 12
ll On the 22nd day of July, 2013 the following 14 proceedings came on to be heard in the above—entit1ed 15 and'numhered cause before the Honorable Associate John 16 Peyton, JUDGE presiding, held in Dallas, Dallas 17 County, Texas:
18 Proceedings reported by Machine shorthand.
19
20 21
22
23
24
25
MICAELA YNOSTROSA CERTIFIED COURT REPORTER,214—336-6283 Micaela.7@att.net ~ A P P E A R A N c E S
2 FOR DECEDENT ALAN MORGAN HUMPHREY 3 D. WOODARD GLEN, P.C.
NATHAN GRIFFIN
4 Attorney at Law ‘ Independent Executor
5 2626 Cole Avenue Ste. 510
6 Dallas, Texas 75204 2l4~758-3000
8 FOR THE APPLICANT DENNA SHAW, INDIVIDUALLY STEVEN ALDOUS
9 ALDOUS—STEVEN E.
Attorney at Law
10 500 Crescent Court Dallas, Texas 75231
11 214—716~21OO ’
12 '
FOR THE NECESSARY PARTIES:
13 BRANDY BAXTER THOMPSON CALLOWAY, NORRIS, BURDETTE, & WEBER, PLLC 14 Attorney at Law 440 Turtle Creek Center
15 3811 Turtle Creek Blvd.
Dallas, Texas 75219
16
17
18
.19
20
21
22
23
24
25
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EXAMINATION INDEX
MRS. DENNA SHAW DIRECT BY MR. GRIFFIN . . . . 11
CROSS BY MS. THOMPSON ‘l5
MR. GEORGE ABNEY
DIRECT BY MR. GRIFFIN 17
DR. ROGER LEE HUMPHREY
DIRECT BY MS. THOMPSON is
MS. PATRICIA LYNN HUMPHREY DIRECT BY MS. THOMPSON . . . . 19
10 MS. PATSY HUMPHREY DIRECT BY MS. THOMPSON . . 20 11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
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THE COURT: Good morning ladies and gentlemen. You ready to proceed?
MR. ALDOUS: Yes, Your Honor. THE COURT: If you would announce appearances please, for the record. This is Cause PR~13—2943—3, styled in the Estate of Alan Morgan Humphrey,'the number which I just recited is a suit for declaratory judgment versus ancillary to the Estate of Alan Morgan Humphrey.
10 MR. ALDOUS: Steve Aldous for Petitioner 11 Denna Shaw. 12 ‘MR. GRIFFIN: Your Honor, Nathan Griffin for 13 George Abney one of the defendants in this matter, the 14 independent executor of the estate of Alan Humphrey. l5 MS. THOMPSON: Your Honor, Brandy Baxter l6 Thompson, attorney for Roger Humphrey, Sarah Humphrey, 17 Morgan Humphrey. And Your Honor, while I have not 18 made an appearance formerly on the record today, on 19 the record today I appear on behalf of Patsy Humphrey 20 and Pat Humphrey. 21 THE COURT: Very well. One housekeeping 22 matter that we need to attend to before we continue. 23 That is; my name is John Peyton. I'm hearing this in 24 my capacity as an Associate Judge for the Probate 25 Courts in Dallas County.
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Do you and each of you agree that I may hear this in that capacity and that you will agree to waive any appeal that you may have right to appeal that you may have to the elected judge of the court, and an agree to appeal any decision from my court directly to the court of appeals?
MR. ALDOUS: Petitioner so waives. MR. GRIFFIN: Petitioner, George Aoney so waives, Your Honor.
10 MS. THOMPSON: My client's agree, Your Honor. ll THE COURT: Very well. I understand that an 12 agreement has been reached in this matter. 13 MR. ALDOUS: Yes, Your Honor._ The parties to 14 the case have reached an agreement concerning the 15 matters in controversy. 16 And I'm not sure just exactly how you want, 17 whether or not you'll want to swear Mrs. Shaw in too. 18 We plan on proving it up right now in front of you. 19 And would let the, counsel, opposing counsel, recite
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20 the terms. And I will either agree or we'll discuss 21 it unless you have a different way of proceeding. 22 MS. THOMPSON: That's fine. 23 THE COURT: All right. 24 MR. ALDOUS: Actually, I have it right here. 25 So let me go ahead.
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THE COURT: Okay. And if you, when and if you want to elicit any testimony.from you client, we will then swear her in. Or if you intend to do it I'll go ahead and swear her in now.
MR. ALDOUS: We'll wait. Your Honor, so the agreement I'm gonna recite the terms of the agreement and hopefully I will recite them correctly. To the extent I don't, I feel comfortable in the fact that counsel will let me know.
10 In exchange for a release from Denna Shaw and ll a potential release from Alex Morgan »- I mean, 12 Carlson, sorry. Alex Carlson who is one of the 13 residuary beneficiaries and who is Mrs. Shaw's son. 14 In exchange for a release from those two as flowing to 15 the estate and to the administration of the estate, 16 they will accept a deed for the home at 3650 Asberry, 17 Dallas, Texas 75205 to be further described and Meets 18 [and Bounds and for a general warranty deed provided to
19 them jointly. 20 In exchange for that, Mrs. Shaw will waive 21 any and all claims to the remainder of the estate and 22 that is also contemplated for Alex Carlson. That they 23 will not make anymore claims to any part of the estate 24 cash or any other property.of the estate. 25 All personal property in the possession of MICAELA YNOSTROSA CERTIFIED COURT REPORTER,2l4—336—6283 Micaela.7@att.net
Mrs. Shaw and also Mr. Carlson will remain in their possession other than two silver pheasants which are firom the family of Mr. Humphrey.
The sterling silverware set that belonged to Alan Humphrey's grandmother and the Red Fez which is a
hat which will also be provided.
Those items will be provided to me at my office to be exchanged with the defense or with the other side at the time the deed is tendered and the 10 releases are provided. 11 Both sides will agree to pay their own fees 12 and expenses. All parties on the other side of the 13 Case have agreed not to participate or actively assist 14 in defense of a medical malpractice case that might be 15 brought on behalf of Mrs. Shaw relating to the death 16 of Alan Humphreys._ But we recognize that in the event 17 they are subpoenaed to testified that they will comply 13 with any compulsory of that subpoena. And that would 19 not be a violation of this agreement. 2o Both sides agreed to execute mutual releases 21 saying they release the other party from any and all 22 claims. All of this is agreed to by Mrs. Shaw, 23 however; Mr. Carlson who is of the age of majority has '24 to consult with his attorney and will have to agree to 25 any of these terms.
MICAELA YNOSTROSA CERTIFIED COURT REPORTER,2l4—336—6283 Micaela.7@att.net
An enforcement of this agreement will be subject to the other sides desires and wishes even if, no matter what Mr. Carlson does, in otherwords, it's out of Mrs. Shaw's hands. It is now in the hands of
the other side. One moment, Your Honor.
(Short pause in proceedings)
MR. ALDOUS: That's right. The cars which are part of the personal property will remain in the possession of Mrs. Shaw and Mr. Carlson which is the 10 truck and the other car, the Mercedes. ll -So I believe that states the substance of the 12 agreement. And I'll look for them to add anything 13 else that they feel necessary. 14 MS. THOMPSON: One thing I would like to 15 ‘correct for the record, Your Honor, is Mr. Aldous 16 reference of the general warranty deed. I don"t 17 believe there was a discussion about the specific type 18 of deed. 19 And I believe our clients would be willing to 20 sign -— or the estate will be willing to sign a deed 21 without warranty or a special warranty deed, not a 22 general warranty deed. 23 Furthermore, Your Honor, there is a mortgage 24 on the property and we want to make it clear that 25 Mrs. Shaw and her son Alex will be deeded the property
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and they will assume all debt related to that house including taxes, insurance, and the mortgage. The estate has paid the mortgage through today and upon the transfer of the deed then Mrs. Shaw and her son Alex will assume all of that debt.
,Furthermore, it's my understanding, Your Honor, that all of the parties understand that this will be reduced to writing. There will be a formal settlement agreement that will include the terms and 10 it may also include additional language to further .11 state the claim, state the terms clearer. So that 12 that will be a requirement for all the parties to sign 13 off on. 14 THE COURT: Mr. Aldous? 15 MR. ALDOUS: The only thing that I would add 16 is that all outstanding expenses related to the home 17 would be paid up—to-date at the time of the transfer. 18 And that all documents related to the mortgage and all 19 the ongoing expenditures will be provided to us to 20 allow us to continue those payments. 21 The special warranty deed is fine. The -- 22 reducing it to writing is appropriate. I would also 23 state that one of the terms of the agreement that 24 we‘ve discussed is confidentiality. other than 25 advisers who assist each of the parties with respect MICAELA YNOSTROSA CERTIFIED COURT REPORTER,214-336-6283 Micaela.7@att.net
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to taxes and so forth that the terms and agreement made here today will remain confidential other than to those advisers.
And in terms of a deadline for Mr. Carlson to either accept or reject, I did not discuss that with them other than I know that the lawyer he's been consulting with is out until Wednesday. I would ask for —— until midweek next week.
MR. GRIFFIN: How about the end of business 10 on Monday, would that be sufficient? 11 MR. ALDons; I think that's sufficient. 12 THE COURT: Mr. Griffin? 13 MR. GRIFFIN: And one other thing, Your 14 Honor, it goes without saying, but I'd say it anyway, 15 that this matter will be dismissed with prejudice. 16 MR. ALDOUS: Correct. 17 THE COURT: The action now pending before the 18 court cause number we're talking about today will be 19 dismissed with prejudice. 20 MR. ALDoUs:' Correct. 21 MR. GRIFFIN: Correct. 22 THE COURT: All right. Mr. Aldous does the
23 recitation into the record this morning, does that 24 recite the entire agreement of the parties? 25 MR. ALDOUS: It does. And at this time, I
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call Denna Shaw.
THE COURT: We will get to you. Mr. Griffin
does the recitation recite the entire agreement of the parties?
MR. GRIFFIN: It does, Your Honor. THE COURT: Mrs; Brandy Baxter Thompson, same question?
MS. THOMPSON: Yes, Your Honor. THE COURT: All right. Mrs. Shaw, if you'll 10 come forward up here and take the witness stand. 11 Raise your right hand. Please be seated and speak 12 directly into that microphone. 13 THE WITNESS: Okay. 14 MR. GRIFFIN: Ma'am, if you would, the young 15 lady that's right in front of you is taking down your 16 testimony needs to hear everything you have to say. 17 So make sure you speak loud enough for her to hear. 18 All right. 19 THE WITNESS: Okay. 20 MRS, DENNA SHAW. 21 having been first duly sworn, testified as follows: 22 DIRECT EXAMINATION 23 BY MR. GRIFFIN: 24 Q. You understand that we're here today to prove 25 up a resolution of your claims against the estate to M1CAELA YNOSTROSA CERTIFIED COURT REPORTER,214—336-6283 . Micae1a.7@att.net
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establish you as the common law spouse of Alan Humphreys?
A. Yes. Q. And you understand that you‘ve agreed to accept the home at 3650 Asberry paid up—to-date at the time of the transfer to you in exchange for waiving any other claims you might have against the estate?
A. Correct. Q. And you understand that your son Alex has to 10 have his own separate agreement to also agree to have ll «that home deeded to both you and he? 12 A. Yes. 13 Q. And you understand that Alex is going to 14 consult with a lawyer to protect his own rights? 15 A. Yes. 16 Q. And you also understand that you'll be 17 provided a special warranty deed which is a type of 18 deed in exchange for a release from you, releasing all 19 those parties related to the estate? 20 A. I understand I have a deed. I don't know the 21 differences between them. 22 Q. Okay. I understand that. Other than the 23 part about the type of deed though you understand 24 you'll be getting the property, and you'll be
25 releasing people?
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13.
A. Correct. Q. And you understand that you will have no further claims against the estate after this proceeding, after this agreement, if it becomes final?
A. This only pertains to me, correct? Q, That's correct. A. Correct. Q. Now, you also understand that the cars that are in your possession will remain in your possession 10 and will remain yours? 11 A. Yes. 12 Q. You also understand that the personal 13 property in your possession will remain in your 14 possession other than the two silver pheasants, the 15 sterling silverware set that belonged to Alan's 16 grandmother and the Red Fez, you understand that; 17 right? 18 A. Yes, sir. 19 Q. And you understand that you're gonna deliver 20 those to me so that I can provide those to the other 21 side at the consummation of this settlement? 22 A. Yes. But may I say something on the record? 23 Q. Sure. 24 A. I've not been able to locate the hat they're 25 talking about.
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Q. ‘All right. Well, you agree here on the record to make a diligent search, that means, to search as much as you can to find whatever it is that they've asked for?
A. Yes, sir. Q. All right. And you also understand that both sides have agreed to pay their own fees and expenses. In other words, you cannot ask them to pay any of my fees and expenses. And they cannot ask you to pay any 1o of their fees and expenses? 11 A. Yes. 12 Q. And you also understand that as part of this the parties on the other side have agreed not to I
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14 actively assist or help any defendant in a potential 15 medical malpractice case that you might file on 16 behalf —- on your behalf, against those who treated 17 Alan prior to his death? 13 A. Yes. 19 Q. And you understand that, they, if they are 2o subpoenaed to testify or otherwise compelled to 21 testified that that would not be a breach of this 22 agreement? 23 A. Yes. 24 Q. And you understand that as part of the 25 settlement agreement, lawyers typically sit down and MICAELA YNOSTROSA CERTIFIED COURT REPORTER,214—336—6283 Micae1a.7@att.net
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type out a settlement agreement and present it to each party for signature. And you understand that that's part of what the process will be here?
A. Yes, sir.‘ 0. All right. With all that said, do you agree to resolve the case as we've discussed?
A. Yes.
MR. ALDOUS: I pass the witness, Your Honor. THE COURT: Any questions for this witness?
10 MR. GRIFFIN: No question, Your Honor. ll MS. THOMPSON: Mrs. Shaw, I just have a
12 couple of quick questions for you. 13 CROSS—EXAMINATION 14 BY MS. THOMPSON: 15 Q. The agreement that your attorney just went 16 over with you, you've discussed that with him, 17 correct? 18 A. Yes. 19 Q. Okay. And do you understand all of the terms 20 that he has outlined for you? 21 A. I think I do. 22 Q: Okay, You understand that today by stating, 23 you know, on the record that you are in agreement with 24 this and that this is a binding agreement and it's 25 irrevocable?
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A. I understood that ya'll could revoke it if ‘
you wanted to.
Q. But do you understand that you cannot, that you're bound by the agreement, and that you cannot revoke it once you have agreed, you consented to it; correct?
A. Yes. Q. Okayi MS. THOMPSON: Nothing further, Your Honor.
10 THE COURT: Mr, Aldous?
11 MRL ALDOUS: Nothing further, Your Honor. 12 THE CGURT: Ladies and gentlemen, I believe 13 that concludes the hearing. 14 MR. GRIFFIN; Your Honor, I think we'd like 15 to call our folks just to make sure everybody agrees. 1b THE COURT: Okay. You may. You most 17 certainly may. 18 MS. THOMPSON: Your Honor, would you like for 19 us to call the clients up one at a time to testify or 20 would it ——
21 MR. ALDOUS: I have no objection to having 22 them stand up there and nod at the witness stand, if 23 the court reporter can hear it. 24 THE COURT: All right. If ya'11 would all
25 stand up and accept the oath. Raise your right hands.
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(The witnesses were sworn)
THE WITNESSES: Yes. THE COURT: You may proceed. MR. GRIFFIN: I only have one client.
MR. GEORGE ABNEY,
having been first duly sworn, testified as follows:
DIRECT EXAMINATION
BY MR. GRIFFIN:
Q. Mr. Abney, you are the Independent Executor 10 of the Estate of Alan Humphrey, are you not? 11 A. Yes, sir. 12 Q, Xou heard the terms of this agreement that 13 Mrs..Shaw testified to this morning, did you hear 14 that?
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15 A. I did, sir. 16 Q. Is that the agreement that we have discussed 17 in this matter? 18 VA. Yes, sir. 19 Q. Is that the agreements that you've agreed to
20 in this matter? 21 A. Yes, sir. 22 Q; You consulted with me as well as the other 23 parties in this matter. And you believe it's in the 24 best interest of this estate? 25 A. Yes, sir.
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MR. GRIFFIN: Pass the witness, Your Honor. MR. ALDOUS: No questions. MS. THOMPSON: No questions.
DR. ROGER LEE HUMPHREY.
having been first duly sworn, testified as follows:
DIRECT EXAMINATION
BY MS. THOMPSON:
Q. would you have state your full name, please? A. Dr. Roger Lee Humphrey.
10 Q. And Dr. Humphrey have you, you heard all of 11 the testimony provided earlier regarding the terms of 12 the settlement with respect to the estate of Alan 13 Humphrey? 14 A. I do. 15 Q. And you consulted with me, your attorney, 16 regarding those terms? 17 A. I have. 13 Q. And you do you agree and consent to the 19 settlement that has been outlined in the Courtroom 2o today? 21 A. I do. 22 Q. Okay. And you also have a power of attorney 23 for your son Morgan Humphrey and your daughter Sarah 24 Humphrey? 25 A. I do.
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Q. And you've also consulted with both of them about this?
A. I have. Q. And do they consent through you to the terms of this settlement agreement?
A. They do. Q. Okay. Would you state --
MS. THOMPSON: No further questions. MR. GRIFFIN: No questions.
I0 MR. ALDOUS: No questions. 11 THE COURT: Call your next witness. 12 PATRICIA LYNN HUMPHREY, 13 having been first duly sworn, testified as follows: 14 DIRECT EXAMINATION 15 BY MS. THOMPSON: 16 Q. Mrs. Humphreys, would you state you full name 17 for the record? 18 A. Patricia Lynn Humphrey. 19 Q. And Mrs. Humphrey, you have heard all the 20 terms of the settlement agreement? 21 A. Yes. 22 Q. And you consulted with me regarding those 23 terms? 24 A. Yes. 25 Q. And you agree and consent to the terms as MICAELA YNOSTROSA CERTIFIED COURT REPORTER,2l4-336-6283 Micaela.7@att.net
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outlined today in the courtroom?
A. I do.
MS. THOMPSON: I pass the witness. MR. ALDOUS: No questions. MR. GRIFFIN: No questions, Your Honor. MS. THOMPSON: Mrs. Humphrey. THE WITNESS: Patsy Harrison Humphrey.
PATSY HUMPHREY.
having been first duly sworn, testified as follows:
10 >DIRECT EXAMINATION 11 BY MS. THOMPSON: 12 Q. And Mrs. Humphrey, you heard the testimony 13 today and all of the terms that regarding the 14 settlement agreement with respect to the claims that 15 have been made in the estate of Alan Humphrey? 16 A. I have. 17 Q. And you've discussed those terms with me? 18 A. Yes, I_have. 19 Q. Do you agree and consent to the terms of the 20 settlement? 21 A. Yes, I do. 22 MS. THOMPSON: Pass the witness. 23 MR. ALDOUS: No questions, 24 MR. GRIFFIN: No question, Your Honor. 25 THE COURT: All right. Anything further?
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MS. THOMPSON: I have no further witnesses, Your Honor.
MR. GRIFFIN: Nothing further, Your Honor. MR. ALDOUS: I'll close. THE COURT: Everybody rest and close? MS. THOMPSON: Close. MR. GRIFFIN: Yes,.Your Honor. MR. ALDOUS: Close. THE COURT: I assume there's no argument?
10 MS. THOMPSON: None. 11 MR. GRIFFIN: None. 12 MR. ALDOUS: None, Your Honor. 13 THE COURT: Now, we're finished. 14 MR. ALDOUS: Thank you, Your Honor. 15 THE COURT: Thank you all for your efforts in 16 this case. I know it has been a somewhat arduous 17 undertaking. 18 MR. GRIFFIN: Thank you. 19 MS. THOMPSON: Thank you, Judge. 20 MR. ALDOUS; Thank you, Judge, for indulging 21 us. 22 (End of proceedings 9:57 a.m.) 23
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STATE OF TsxAs )
COUNTY OF DALLAS )d
I, Micaela Ynostrosa, Deputy Certified Court Reporter in and for Probate Court No. 3 of Dallas
County, State of Texas, do hereby certify that the above and foregoing contains a true and correct transcription of all portions of evidence and other proceedings requested in writing by counsel for the parties to be included in this volume of the 10 Reporter's Record, in the above-styled and numbered 11 cause, all of which occurred in open court or in I2 chambers and were reported by me. 13 I further certify that this Reporter's Record 14 of the proceedings truly and correctly reflects the 15 exhibits, if any, admitted by the respective parties. 16 I further certify that the total cost for the
17 preparation of this Reporter's Record isI and was
1e paid/will be paid by. 19 WITNESS MY OFFICIAL HAND this the 11th day of 20 August, 2013. 21 Micaela Ynostrosa, Texas CSR 2869 22 IExpiration Date:_ 12/01/15 State of Texas, County of Dallas 23 1232 Hollywood Avenue Dallas, Texas 75208
24 214-336—6283 25
MICAELA YNOSTROSA CERTIFIED COURT REPORTER,2l4—336—5283 Micaela.7@att.net
Q ORIGINAL
CAUSE No. PR-13-02943-3
IN RE: ESTATE OF § IN THE PROBATE COURT 4}
ALAN MORGAN HUMPHREY, § NUMBER THREE OF §
DECEASED § DALLAS COUNTY, TEXAS ORDER GRANTING AMENDED MOTION TO WITHDRAW AS COUNSEL On this day, the Court considered R. Kevin Spencer, Zachary E. Johnson, Brendan P.
Harvcll, and SPENCER LAW, P.C.’s Amended Motion to Withdraw as Counsel (the “Amended
Motion”) for GEORGE ALEXANDER CARLSON. The Court, having reviewed the pleadings,
‘and having heard any and all objections, finds that the Amended Motion should in all things be
GRANTED.
IT IS THEREFORE ORDERED that R. Kevin Spencer, Zachary E. Johnson, Brendan
P. Harvell and SPENCER LAW, PC. are all hereby allowed to withdraw as attorneys and are
hereby fully and completely discharged as attorneys of record for GEORGE ALEXANDER CARLSON and of all other duties and obli ation in this case.
"
SIGNED AND ORDERED 015.
e/A
B Peytow
the Probate Courts
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of Dallgs
ORDER GRANTING MOTION To WITHDRAW As COUNSEL- Solo Page Pn»1a'.um 3 _ 3 CUW/l on 902152
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